Barr Installs Outside Prosecutor to Review Case Against Michael Flynn, Ex-Trump Adviser

[Anonymous]

Anonymous wrote:

That's the opposite of what the emails clearly say. Maybe they were written in code? Code that only you know.

You've seen all the emails?

I've seen some of the emails, the same that you have.

[Anonymous]

From one email: “We have a lawyers’ unofficial understanding that they are unlikely to charge [Flynn’s son] in light of the Cooperation Agreement.”

If this is true, then judge must dismiss the case. It was not included in the plea agreement.

Then, DOJ has to decide whether to prosecute without plea.

[Anonymous]

Anonymous wrote:

From one email: “We have a lawyers’ unofficial understanding that they are unlikely to charge [Flynn’s son] in light of the Cooperation Agreement.”

If this is true, then judge must dismiss the case. It was not included in the plea agreement.

Then, DOJ has to decide whether to prosecute without plea.

This, coupled with another email that specifically says that the side deal was done to avoid Giglio disclosures, is a big problem.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

From one email: “We have a lawyers’ unofficial understanding that they are unlikely to charge [Flynn’s son] in light of the Cooperation Agreement.”

If this is true, then judge must dismiss the case. It was not included in the plea agreement.

Then, DOJ has to decide whether to prosecute without plea.

This, coupled with another email that specifically says that the side deal was done to avoid Giglio disclosures, is a big problem.

If this all proves to be true, Sullivan has no choice but to dismiss.

What was the deal with his first lawyers? Were they even trying to defend him?

[Anonymous]

Powell’s filing Friday evening included two exhibits related to March 2018 communications from Flynn’s former legal team at Covington. The first was a redacted email from Kelner to Anthony, stating, “We have a lawyers’ unofficial understanding that they are unlikely to charge [Flynn’s son] in light of the Cooperation Agreement.” The second blacked out email from Anthony to Kelner said: “The only exception is the reference to Michael Jr. The government took pains to give a promise to [Flynn] regarding Michael Jr. so as to limit how much of a ‘benefit’ it would have to disclose as part of its Giglio disclosures to any defendant against who MTF may one day testify.”

https://www.washingtonexaminer.com/news/judge-orders-michael-flynns-former-attorneys-to-re-execute-search-for-documents-after-new-trove-discovered

Note that the Washington Examiner misquoted the second email. It actually says: "The only exception is the reference to Michael Jr. The government took pains not to give a promise to MTF regarding Michael Jr., so as to limit how much of a ‘benefit’ it would have to disclose as part of its Giglio disclosures to any defendant against who MTF may one day testify." Emphasis added.

Jeez.

[Anonymous]

^ "against whom"

[Anonymous]

Anonymous wrote:

Powell’s filing Friday evening included two exhibits related to March 2018 communications from Flynn’s former legal team at Covington. The first was a redacted email from Kelner to Anthony, stating, “We have a lawyers’ unofficial understanding that they are unlikely to charge [Flynn’s son] in light of the Cooperation Agreement.” The second blacked out email from Anthony to Kelner said: “The only exception is the reference to Michael Jr. The government took pains to give a promise to [Flynn] regarding Michael Jr. so as to limit how much of a ‘benefit’ it would have to disclose as part of its Giglio disclosures to any defendant against who MTF may one day testify.”

https://www.washingtonexaminer.com/news/judge-orders-michael-flynns-former-attorneys-to-re-execute-search-for-documents-after-new-trove-discovered

Note that the Washington Examiner misquoted the second email. It actually says: "The only exception is the reference to Michael Jr. The government took pains not to give a promise to MTF regarding Michael Jr., so as to limit how much of a ‘benefit’ it would have to disclose as part of its Giglio disclosures to any defendant against who MTF may one day testify." Emphasis added.

Jeez.

Translated...they had a side deal, but didn't tell Flynn about it, so they wouldn't have to put it in the plea agreement.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Powell’s filing Friday evening included two exhibits related to March 2018 communications from Flynn’s former legal team at Covington. The first was a redacted email from Kelner to Anthony, stating, “We have a lawyers’ unofficial understanding that they are unlikely to charge [Flynn’s son] in light of the Cooperation Agreement.” The second blacked out email from Anthony to Kelner said: “The only exception is the reference to Michael Jr. The government took pains to give a promise to [Flynn] regarding Michael Jr. so as to limit how much of a ‘benefit’ it would have to disclose as part of its Giglio disclosures to any defendant against who MTF may one day testify.”

https://www.washingtonexaminer.com/news/judge-orders-michael-flynns-former-attorneys-to-re-execute-search-for-documents-after-new-trove-discovered

Note that the Washington Examiner misquoted the second email. It actually says: "The only exception is the reference to Michael Jr. The government took pains not to give a promise to MTF regarding Michael Jr., so as to limit how much of a ‘benefit’ it would have to disclose as part of its Giglio disclosures to any defendant against who MTF may one day testify." Emphasis added.

Jeez.

Translated...they had a side deal, but didn't tell Flynn about it, so they wouldn't have to put it in the plea agreement.

That's ... not how it works.

Sorry. Powell is grasping at straws here. The Examiner is fueling Qanon with their sloppy transcribing but there's nothing here.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Powell’s filing Friday evening included two exhibits related to March 2018 communications from Flynn’s former legal team at Covington. The first was a redacted email from Kelner to Anthony, stating, “We have a lawyers’ unofficial understanding that they are unlikely to charge [Flynn’s son] in light of the Cooperation Agreement.” The second blacked out email from Anthony to Kelner said: “The only exception is the reference to Michael Jr. The government took pains to give a promise to [Flynn] regarding Michael Jr. so as to limit how much of a ‘benefit’ it would have to disclose as part of its Giglio disclosures to any defendant against who MTF may one day testify.”

https://www.washingtonexaminer.com/news/judge-orders-michael-flynns-former-attorneys-to-re-execute-search-for-documents-after-new-trove-discovered

Note that the Washington Examiner misquoted the second email. It actually says: "The only exception is the reference to Michael Jr. The government took pains not to give a promise to MTF regarding Michael Jr., so as to limit how much of a ‘benefit’ it would have to disclose as part of its Giglio disclosures to any defendant against who MTF may one day testify." Emphasis added.

Jeez.

Translated...they had a side deal, but didn't tell Flynn about it, so they wouldn't have to put it in the plea agreement.

No. Translation: Flynn didn't know that a side deal needed to be in the plea. He's not a lawyer. Lawyers all knew it violated the Giglio disclosure.

[Anonymous]

That's ... not how it works.

Sorry. Powell is grasping at straws here. The Examiner is fueling Qanon with their sloppy transcribing but there's nothing here.

Sorry. This falls on the prosecutor. That is how it works. That's what it is about. The prosecutor writes the plea agreement.

[Anonymous]

https://twitter.com/seanmdav/status/1255621626084749312

DOJ is turning even more documents over today. DOJ letter in tweet.

[Anonymous]

Anonymous wrote:

That's ... not how it works.

Sorry. Powell is grasping at straws here. The Examiner is fueling Qanon with their sloppy transcribing but there's nothing here.

Sorry. This falls on the prosecutor. That is how it works. That's what it is about. The prosecutor writes the plea agreement.

The prosecutor doesn't negotiate two different agreements with the lawyer and his client...

[Anonymous]

Anonymous wrote:

That's ... not how it works.

Sorry. Powell is grasping at straws here. The Examiner is fueling Qanon with their sloppy transcribing but there's nothing here.

Sorry. This falls on the prosecutor. That is how it works. That's what it is about. The prosecutor writes the plea agreement.

Yes. Plus, from the plea agreement, attested and signed by the prosecutor:

"No agreements, promises, understandings, or representations have been made by the
parties or their counsel other than those contained in writing herein, nor will any such
agreements, promises, understandings, or representations be made unless committed to writing
and signed by your client, defense counsel, and the Special Counsel's Office."

Oops.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

That's ... not how it works.

Sorry. Powell is grasping at straws here. The Examiner is fueling Qanon with their sloppy transcribing but there's nothing here.

Sorry. This falls on the prosecutor. That is how it works. That's what it is about. The prosecutor writes the plea agreement.

Yes. Plus, from the plea agreement, attested and signed by the prosecutor:

"No agreements, promises, understandings, or representations have been made by the
parties or their counsel other than those contained in writing herein, nor will any such
agreements, promises, understandings, or representations be made unless committed to writing
and signed by your client, defense counsel, and the Special Counsel's Office."

Oops.

The email says there's no agreement. Only the Examiner's version says there is one. And it's wrong.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

That's ... not how it works.

Sorry. Powell is grasping at straws here. The Examiner is fueling Qanon with their sloppy transcribing but there's nothing here.

Sorry. This falls on the prosecutor. That is how it works. That's what it is about. The prosecutor writes the plea agreement.

Yes. Plus, from the plea agreement, attested and signed by the prosecutor:

"No agreements, promises, understandings, or representations have been made by the
parties or their counsel other than those contained in writing herein, nor will any such
agreements, promises, understandings, or representations be made unless committed to writing
and signed by your client, defense counsel, and the Special Counsel's Office."

Oops.

The email says there's no agreement. Only the Examiner's version says there is one. And it's wrong.

The first email confirms that there was a backdoor lawyer's agreement.

The second email confirms (as corrected) that they didn't tell Flynn about the lawyer's agreement. If they did, they would have had to disclose it. That's why they didn't tell him.